Legal support for construction projects in Jersey.

Construction projects, whether large-scale commercial developments or smaller mixed-use schemes, involve significant legal and financial investment. From project inception to completion and beyond, the right legal advice helps mitigate risk, keep works on track, and ensure all parties fulfil their obligations.

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Our Expertise

At BCR, our team of experts provide comprehensive legal support across the lifecycle of construction and infrastructure projects in Jersey. We advise developers, landowners, contractors, consultants, lenders, and institutional investors on all legal aspects of the construction process, from initial procurement through to final account.

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Our Approach

Whether you’re negotiating a construction contract, handling delays or defects, or managing project-related disputes, our team is focused on protecting your position while helping you deliver your project successfully.

While Jersey draws influence from English legal principles, it has its own legal system, property law framework, and court procedure. Construction projects in the Island require careful adaptation of UK-standard documentation and an understanding of Jersey’s property, contract, and planning laws. It is therefore crucial to seek specialist Jersey law advice at the earliest possible opportunity.

We routinely advise on the use of industry-standard contracts such as:

• JCT Contracts (Joint Contracts Tribunal).
• NEC Contracts.
• Design and Build agreements.
• Professional consultant appointments (RIBA, ACE).
• Collateral warranties.
• Performance bonds and guarantees.

We also regularly assist with bespoke drafting, especially where project complexity, local legislation, or risk appetite calls for tailored solutions.

We provide strategic and technical advice at every stage of a construction project as follows:

Procurement Strategy and Contract Selection

Choosing the right procurement method and contract structure is vital. We advise on:

• Traditional vs. design and build vs. management contracting.
• Single-stage vs. two-stage tendering.
• Contractor-led vs. consultant-led projects.
• Framework agreements and partnering contracts.

We help clients balance time, cost, quality, and risk priorities when selecting contract models.

Drafting and Negotiating Contracts

We prepare and review construction documents tailored to the local legal landscape, including:

• Main contractor agreements.
• Subcontracts.
• Professional appointments (architects, engineers, quantity surveyors, mechanical and electrical).
• Collateral warranties.
• Step-in rights and third-party agreements.

We ensure all parties’ roles and responsibilities are clearly defined, payment provisions are compliant, and dispute mechanisms are robust.

Risk Allocation and Insurance

We assist with identifying and allocating project risks, including:

• Site access and ground conditions.
• Delays, extension of time, completion delay damages and liquidated damages.
• Defects and completion liabilities.
• Indemnities and insurance cover.

We liaise with insurers and construction professionals to align contract terms with project realities.

Planning and Regulatory Interface

Construction in Jersey must comply with the Island’s planning laws and building control requirements. We work alongside external professionals to advise on:

• Planning conditions.
• Building permits and regulation compliance.
• Access and rights of way.
• Development obligations and agreements.

Dispute Avoidance and Resolution

Even well-managed projects can encounter disputes. We provide early-stage advice to avoid escalation and, where necessary, support clients through:

• Negotiation and mediation.
• Adjudication under JCT or NEC rules.
• Expert determination.
• Royal Court litigation.

We understand construction disputes require prompt attention, technical understanding, and commercial realism.

Linking Construction to the Wider Commercial Picture

Construction is often just one part of a broader commercial transaction. We frequently work alongside colleagues in our:

• Real Estate team (to secure land rights).
• Corporate & Commercial team (on joint ventures and development SPVs).
• Dispute Resolution team (where adjudication or litigation is required).

This integrated approach allows us to support our clients through complex developments from pre-acquisition to completion and beyond.

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Our Values in Action

Excellence: Technically accurate, commercially sound legal work at every stage.

‍Delivery: Prompt, proactive service that aligns with construction timeframes.

‍Respect: For your team’s input, professional standards, and commercial drivers.

‍Elegance: Clarity and precision in documentation, communication, and strategy.

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Why BCR Law

We deliver expert, locally informed legal support across the entire lifecycle of construction projects in Jersey, helping clients manage risk, meet deadlines, and protect their commercial interests.

With deep knowledge of Jersey’s unique legal landscape and experience in both standard and bespoke construction contracts, we ensure your project is built on a solid legal foundation.